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Thread: Does WA state preemption preemp disorderly conduct?

  1. #1
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    I was in Battle Ground, WA today OC'ing at a gun shop. The owner of the place told me that OC'ing was illegal and that a few years ago a friend of his was arrested and found guilty of menacing. The friend was CC'ing and accidently displayed his weapon in a restaurant and someone called the police. My first thought was how 'accidental' was it?

    I went home and looked up the city of Battle Ground municipal code but couldn't find anything regarding menacing (except an animal regulation). Most of the firearms codes match Washington state code as they should. Neither Clark,

    I looked up Disorderly Conduct on a whim because that is what I have been threatened with by the Clark County Sheriffs department before. Here is part of the Disorderly Conduct code:

    8.Performs any conduct which intentionally disturbs the public peace or provokes disorder.

    If someone was arrested or cited for disorderly conduct because they were OC'ing, would that be preempted by state law?

  2. #2
    Regular Member j2l3's Avatar
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    IANAL repeat IANAL

    Having said that, nothing stops any police department from arresting someone for frivolous things. In court, they will have to prove "Disorderly Conduct". Most departments who do this are counting on our ignorance of the law or our fear of the law and the courts. This charge would most likely be dismissed in court, since the state laws are pretty clear that carrying a fire arm is legal activity and there is nothing in the statute about disorderly conduct. They woujld most likely try to prove someone was alarmed. Hosever, just because someone is alarmed, does not mean anyone violated any laws. I am alarmed daily when I see the lunatics who drive in Seattle. Doesn't mean they will get into trouble over it.

    In other words, the fella at the gunshop is blowing smoke up your shorts and if the local law enforcement make arrests for as you describe, they are in violation of several state laws and are in need of education. You can always download the training bulletins and other documents that are available in this forum (do a search in the Washington Forum for "Constitution") and anonymously mail. Better yet, let them know who you are when you mail them so that if they confront you, you are already on record as knowing your rights and the law.

    Anyway, as I said before... IANAL


    CZ 75B 9mm, Ruger P94 .40 S&W, Bersa Thunder .380, AR-15 Homebuild

  3. #3
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    nathan wrote:
    8.Performs any conduct which intentionally disturbs the public peace or provokes disorder.
    Key word is intentionally. If you accidently flash a CC'd weapon, it was not intentional. And for OC, I think that if you believed you were in the right (As you are) in open carrying, you would not be intentionally disturbing the public. Its like if you were to walk around with a Nazi or Communist T-shirt. your in your first amendment right to wear it, but is it considered intentional disturbing?They know it is legal.

  4. #4
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    Sounds like a cop trying to use the law to impose his personal views.It wasn't even very creative. Probably get dismissed unless you run into a judge on a mission.

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